Fallon, NV asked in Criminal Law for Nevada

Q: I live in Nevada but have a felony warrant in tennessee, will tennessee come get me in nevada

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2 Lawyer Answers
Malcolm P. LaVergne
Malcolm P. LaVergne pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • LAS VEGAS, NV
  • Licensed in Nevada

A: Tennessee can use extradition to get you in Nevada. Under the extradition law in the U.S. Constitution and subsequent statutes, any state can hold a person who has a valid arrest warrant issued in another state. The issuing state (Tennessee) would then have 30 days to come get you. There is more to extradition, and you do have the right to fight extradition (but the defenses are limited). Most defendants waive their right to fight extradition and then the issuing state either comes and picks them up or they are released after 30 days. You can ask the state holding you for bail pending an extradition fight. I have had several defendants granted bail, but if the issuing state objects and requests you be held, the prosecutors in the holding jurisdiction will ask the judge to continue holding you. Malcolm.

Gary Kollin
Gary Kollin
Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: Possibly

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